Medical Jurisprudence, Volume 2 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 2 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
It must be on the actual view of the body, the coroner and his party
seeing it together. 2 _Hale_ 60. 1 _East._ 380. _King v. Ferrand._ 2
_Barn. & Ald._ 260.
It was evidently the original intention of the Legislature, that the
coroner should view the body on the spot where it was found; that he
and his jury might judge as well by inspection of the body, as by an
examination of surrounding objects, whether the deceased had died by
violence. And Sir _William Blackstone_ says, “He must also sit at the
_very_ place where the death happened,” 1 _Com._ 348. and this should
certainly be done in all possible cases, for the state of surrounding
objects most frequently will testify more strongly than any other
evidence. Modern fastidiousness has introduced the custom of removing
the body to some public-house, even where the death had happened in an
ordinary dwelling; this if not illegal, is at least improper.
Footnote 82:
See also the proceedings on the Oldham inquest, and the subsequent
judgment in the Court of King’s Bench. _A.D._ 1818, 1819. The _King
against Ferrand_, 2 _Barn & Ald._ 260.
Footnote 83:
This was publicly disputed on a late occasion; it is well to question
all extra-judicial dicta, which may be delivered during the heat of
political controversy.
Footnote 84:
The evidence must be on oath; _vide ante_ _p._ 167.
Footnote 85:
In _Scorey’s_ case, _Leach C. L._ 50. the coroner refused to take the
evidence of a man who had accompanied the accused in search of
deer-stealers, and only admitted the man who was with the deceased.
The coroner, on the testimony of this man, told the jury, that the
crime was murder, but they refused to find any other verdict than
_Accidental death_; which verdict the coroner recorded, and then by
his warrant sent _Scorey_ to the county goal for murder.
_Scorey_ being now brought up by Habeas Corpus—The Court, on full
affidavit of the fact, admitted him to bail, and granted a rule
against the coroner to shew cause why an information should not be
filed against him.
Footnote 86:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account